A division bench of the Supreme Court comprising of Justice M.R. Shah and Justice Krishna Murari allowed an appeal in part ordering the remittance to the Disciplinary Authority to conduct the inquiry from the point that it stood vitiated and to conclude the same after furnishing a copy of the Inquiry Officer’s Report and after giving an opportunity to the delinquent to submit his comments on the Inquiry Officer’s Report.
Facts:
A departmental inquiry was initiated against the respondent, who was a Panchayat Assistant, for having committed the misconduct of misappropriation of funds pertaining to Samuthram Panchayat in connivance with the erstwhile President of the said Panchayat. By order dated 25.09.2006, an order of punishment was passed against the respondent/delinquent. The order of punishment was the subject matter of Writ Petition No. 1710 of 2007 before the High Court. By judgment and order dated 07.01.2009, the High Court allowed the said Writ Petition by quashing the order of dismissal and remanded the matter for fresh disposal observing that no inquiry whatsoever was held as required under the law. Thereafter, on remand, the inquiry was conducted after affording an opportunity for the delinquent to defend his case. However, without giving a copy of the Inquiry Report to the delinquent and without calling for his comments on the Inquiry Officer’s (IO) Report, a fresh order came to be passed. The delinquent filed a writ petition before the High Court by way of Writ Petition No. 1152 of 2012. The learned Single Judge allowed the said writ petition and ordered reinstatement with back wages by observing that the order of dismissal dated 11.06.2009 was in breach of principles of Natural Justice as the copy of the Inquiry Report was not given to the delinquent and without calling for his comments on the Inquiry Officer’s Report, the order of dismissal was passed. The judgment and order passed by the 2 learned Single Judge was the subject matter of appeal before the Division Bench. By the impugned judgment and order, the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge to reinstate the respondent with full back wages. The impugned judgment and order passed by the High Court is the subject matter of the present appeal before this Court.
Observations of the Court:
Placing reliance on the State of Uttar Pradesh and Ors. Vs. Rajit Singh, 2022 SCC Online SC 341, the Court observed that as the order of dismissal has been set aside on the ground that the same was in breach of principles of Natural Justice, the High Court ought to have remitted the case concerned to the Disciplinary Authority to conduct the inquiry from the point that it stood vitiated and to conclude the same after furnishing a copy of the Inquiry Report to the delinquent and to give the opportunity to the delinquent to submit his comments on the Inquiry Officer’s Report.
Decision:
The present appeal was allowed in part. The impugned judgment(s) and order(s) passed by the Division Bench as well as learned Single Judge of the High Court ordering reinstatement with back wages were hereby quashed and set aside. The case concerned was remitted to the Disciplinary Authority to conduct the inquiry from the point that it stood vitiated and to conclude the same after furnishing a copy of the Inquiry Officer’s Report and after giving an opportunity to the delinquent to submit his comments on the Inquiry Officer’s Report.
Case: The Inspector of Panchayats and another vs. S. Arichandran & Ors.
Decided on: September 23rd, 2022
Citation: CIVIL APPEAL NO. 6776 OF 2022
Coram: Justice M.R. Shah and Justice Krishna Murari
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